SATYA PAL SETHI Vs. SUSHILA SETHI

JUDGEMENT

(1.) This is a husband's first appeal from a decree dismissing his petition for divorce. There was a counter-claim for recovery of ornaments valued at Rs. 25,200/- and a sofa set valued at Rs. 1000/- under Section 27 of the Hindu Marriage Act, 1954. The petition and counter-claim were tried together by the Court of Additional Civil Judge, Saharanpur as a District Court under the Hindu Marriage Act and dismissed by judgment dated 30th January, 1980. This appeal was filed in the Court of District Judge. Saharanpur, but by order dated 7th October, 1980, the Court of the 1st Additional District Judge, Saharanpur found that the valuation of the suit was Rs. 20,000/and consequently the appeal lay to this Court. The memorandum of appeal was thereupon presented in this Court.

(2.) A cross-appeal has also been filed by the respondent-wife against the dismissal of her counter-claim for the return of the ornaments and sofa set.

(3.) The parties were married on 5th July, 1964. From the said wedlock a son was born on 12th January, 1973. It is not necessary for me in this case to restate the pleadings of the parties. Suffice it to say that the trial Court framed following issues: 1. Whether the respondent treated the petitioner with cruelty as alleged in the plaint? 2. Whether the respondent deserted the petitioner without reasonable and probable cause? 3. Whether the petitioner treated the respondent cruelly as alleged in the Written Statement?.